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CARLILE v. WAL-MART

No. 20010632-CA.

61 P.3d 287 (2002)

2002 UT App 412

Nanette CARLILE, Plaintiff and Appellant, v. WAL-MART, Defendant and Appellee.

Court of Appeals of Utah.

December 12, 2002.

Attorney(s) appearing for the Case

Ronald E. Dalby, Larson Turner Fairbanks & Dalby, South Jordan, for Appellant.

Mitchell T. Rice, Morgan Meyer & Rice LC, Salt Lake City, for Appellee.

Before JACKSON, P.J., BILLINGS, Associate Presiding Judge, and DAVIS, J.

OPINION

BILLINGS, Associate Presiding Judge:

¶ 1 Nanette Carlile (Carlile) appeals the district court's grant of summary judgment to Wal-Mart Stores, Inc. (Wal-Mart). We reverse and remand.

BACKGROUND

¶ 2 On April 11, 2000, Carlile was in the fabrics section of Wal-Mart when she was struck by an electric cart. The woman driving the cart fled the scene and has not been identified. Wal-Mart made the cart available for public use...

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